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Old 05-04-2018, 11:10 AM   #1
Wampuscat
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Default My Harley was repossessed by mistake!

My Harley was repossessed by mistake! First let me say it is paid up 10 months ahead of time. After multiple phone calls to the Local Police Department, the recovery agent, and Harley Davidson finance, my bike was brought back. Here is where it gets fun. For some reason they told me without my asking, that it had not been strapped down over the seat. She told me it was only strapped to the frame. When the wrecker driver showed up, it was on a typical wrecker that had an extension they said is used for motorcycles. When it showed up with two heavy duty 2” ratchet straps over the seat and one through the frame, I knew it wasn’t going to be pretty. The damage is mainly cosmetic but there is a lot of it. I have been told that my front forks and rear air bag & compressor system need replacement too. The total in parts and labor alone are over $5000.

I’ve tried contacting the recovery agent numerous times and each time have been told she’ll give the owner my message. Needless to say, I haven’t received a call back from them. I assume they’re hoping I simply go away.

A lawyer told me to take this to the local JP Court since the return from a judgement wouldn’t justify his fees.

If anyone here has had a case in small claims court, do you know how long “a reasonable deadline for a person to respond to my claim” should be? I want to get a letter out by certified mail ASAP. I don’t know the owner or drivers names. Just the company. The driver refused to give me any paperwork, and the Local PD “event report” doesn’t list them either. Even the vehicle ID, license,and state are redacted (blacked out).
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Old 05-04-2018, 11:12 AM   #2
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I'd be letting my insurance company fight with the towing company.
and I'd be ****** at the bank.
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Old 05-04-2018, 11:13 AM   #3
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What does HDFinance say about it? I think I would bark up that tree. They hired the repo man, even if by mistake.
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Old 05-04-2018, 11:15 AM   #4
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Grrrrrrrrrrrrrrrrr...............
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Old 05-04-2018, 11:19 AM   #5
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Send it to your insurance company and let them sort it out.

Side note, Ive never seen a motorcycle transported like that. They make straps specifically for the handle bars. That being said, I can't see any damage. Was it all cosmetic?
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Old 05-04-2018, 11:19 AM   #6
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What does HDFinance say about it? I think I would bark up that tree. They hired the repo man, even if by mistake.
Yep. What does the lender say they will do about it?

How did they mistakenly repo your bike?
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Old 05-04-2018, 11:20 AM   #7
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Make Harley Davidson Finance pay for it....they started this mess!!!
Repo was only doing what they were asked to do...that is their job.
Get your Lawyer to contact HDF.
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Old 05-04-2018, 11:21 AM   #8
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Sue HD if you have to. They stole your motorcycle and damaged it. Doesnt matter if it was by mistake or not. If HD told the repo company to take it, it is their fault. If the repo company took your motorcycle when they weren't supposed to (mistaken id) then they are in big trouble.

Last edited by txhunter007; 05-04-2018 at 11:26 AM.
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Old 05-04-2018, 11:24 AM   #9
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I'd start with Eaglemark (or whomever you financed through). I'd go all the way up the chain to the head honcho about it. Then, I'd be at the repo office in person talking to the head honcho there. And, while there, I'd have them on the phone with the finance company until someone agreed to not only repair the bike, but agree to compensate you for the time and supply a rental while your bike is in the shop. Once that was agreed, in writing, I'd be asking for someone's job. No excuse to screw up that bad.
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Old 05-04-2018, 11:25 AM   #10
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A typical demand letter would be 10 days but like others have said let your insurance company go after the towing companies insurance. They will subrogate the claim and get better results than you trying to fight them on your own. And they should do this without affecting your future rates because you are not at fault.
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Old 05-04-2018, 11:29 AM   #11
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Did you finance through Dallas Dodge? Did they steal your bike?
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Old 05-04-2018, 11:43 AM   #12
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Whoever hired the repo company is on the hook. You prolly have to lawyer up.
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Old 05-04-2018, 11:45 AM   #13
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Daaannnnggg! I would be bent!
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Old 05-04-2018, 11:48 AM   #14
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Quote:
Originally Posted by WItoTX View Post
Send it to your insurance company and let them sort it out.

Side note, Ive never seen a motorcycle transported like that. They make straps specifically for the handle bars. That being said, I can't see any damage. Was it all cosmetic?
Compressed the forks over 6” when designed for 2” of travel, and my air ride isn’t holding pressure. Most other damage is scratches and scrapes. You know the expensive stuff. It’s up over $5K now.
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Old 05-04-2018, 11:57 AM   #15
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I would be 99 kinds of ****** off! Go after Harley finance and make them pay for it all.
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Old 05-04-2018, 11:58 AM   #16
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Civil case small claims court... doubtful you'll ever see any money. Best way to go it go file a lien against the responsible parties property. That'll get their attention fast ( or should )and hopefully will settle with you.
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Old 05-04-2018, 11:59 AM   #17
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Sounds like you should have bought a HONDA!
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Old 05-04-2018, 12:11 PM   #18
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First, get a police report of your own, and demand the person that stole your bike be arrested, or to send their insurance as they left a scene if a crime involving a motor vehicle. Or hey can provide their insurance to handle the matter. They would need to have the official docs to prove Harley made the mistake, or them. If them, that is theft, there isn't a "made a mistake" clause that gets them out. Intent does, and they obviously intended to take your bike because they actually took it lol.

Then I would file on your insurance and let then fight it all out.
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Old 05-04-2018, 12:11 PM   #19
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Sounds like you should have bought a HONDA!
Blasphemy
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Old 05-04-2018, 12:15 PM   #20
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That's pretty messed up!
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Old 05-04-2018, 12:21 PM   #21
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Yep. What does the lender say they will do about it?

How did they mistakenly repo your bike?
Again, who is your lender and what do they say about it?

How could they have made this mistake? Someone else's bike supposed to get repoed and they misidentified it? They should have verified the serial/id number before hauling it off.

If you file a claim in JP court, I believe they have 30 days to respond. If they don't, you get a default judgement.

Last edited by Burnadell; 05-04-2018 at 12:23 PM.
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Old 05-04-2018, 12:23 PM   #22
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You need a “junk yard dog” attorney....
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Old 05-04-2018, 12:27 PM   #23
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Sorry to hear of this disaster. I believe I would also check your credit score to see if they went forward with something that effected it.
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Old 05-04-2018, 12:36 PM   #24
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Originally Posted by Wampuscat View Post
Compressed the forks over 6” when designed for 2” of travel, and my air ride isn’t holding pressure. Most other damage is scratches and scrapes. You know the expensive stuff. It’s up over $5K now.
WOW. Close to half the value? Total it and start over new?
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Old 05-04-2018, 12:44 PM   #25
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Sounds like a job for the Texas Law Hawk.
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Old 05-04-2018, 12:56 PM   #26
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Dude I’m ****** off for you - hope you get it figured out let us know how it goes .
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Old 05-04-2018, 01:09 PM   #27
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I would go after your lender as well. If you owe them $5k on the bike, and they (indirectly) caused $5K of damages on the bike. It would seem like they would want to figure out how to get their money back.
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Old 05-04-2018, 01:42 PM   #28
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Originally Posted by Burnadell View Post
Again, who is your lender and what do they say about it?

How could they have made this mistake? Someone else's bike supposed to get repoed and they misidentified it? They should have verified the serial/id number before hauling it off.

If you file a claim in JP court, I believe they have 30 days to respond. If they don't, you get a default judgement.
He tells you in the first sentence, he paid 10 months ahead.
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Old 05-04-2018, 01:48 PM   #29
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Wow! Just reading this has my blood boiling. I would be all kids of ****** off if that happened to my motorcycle. IMO I wouldn't call my insurance. I'd be calling HD financing asap and demand they fix their mess.


Can you tell us how this even happened?
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Old 05-04-2018, 01:54 PM   #30
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I would go after your lender as well. If you owe them $5k on the bike, and they (indirectly) caused $5K of damages on the bike. It would seem like they would want to figure out how to get their money back.
That bike (depending on options) is probably worth somewhere in the $17-19k range.

OP, I don't even know what to say. I'd be SUPER pizzed!!! I would think finance company needs to poney up for the repairs and of course loss of value for the bike having been damaged.
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Old 05-04-2018, 01:55 PM   #31
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I'm jim adler!!!!!!!!!!!!! ****!!!!!!!!!!!!
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Old 05-04-2018, 02:10 PM   #32
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How did you pay 10 months ahead? Every time I ever paid extra it went toward principal and the next monthly payment wasn't affected. I guess you can specify whether you want your over-payment to go toward principal or future payments?
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Old 05-04-2018, 02:48 PM   #33
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Sounds like finance company just bought a bike and gave you a new 60 month 0% loan.
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Old 05-04-2018, 03:02 PM   #34
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How did you pay 10 months ahead? Every time I ever paid extra it went toward principal and the next monthly payment wasn't affected. I guess you can specify whether you want your over-payment to go toward principal or future payments?
Yeah, that's what I'm wondering...unless there was an agreement in place between OP and the lender that 10 months of payments (principal and interest) were considered paid, that 10 months of payments just went to principal and OP would be required to continue making monthly payments - no monthly payment = repossessed motorcycle. Not saying that's what happened, just wondering. Even if that is what happened, I'd be super mad that they didn't give me a heads up before taking the bike.
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Old 05-04-2018, 03:03 PM   #35
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following
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Old 05-04-2018, 03:05 PM   #36
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How did you pay 10 months ahead? Every time I ever paid extra it went toward principal and the next monthly payment wasn't affected. I guess you can specify whether you want your over-payment to go toward principal or future payments?
Every vehicle loan I've had if I pay extra it takes off the next payment. Pay double this month there's no balance due the next.
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Old 05-04-2018, 03:33 PM   #37
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HD finance is who the demand letter needs to go to.

Don’t forget about diminshed value...I’ll be happy to write up the appraisal on that portion of the claim for you
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Old 05-04-2018, 03:42 PM   #38
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He tells you in the first sentence, he paid 10 months ahead.
No, he has not explained how they made this mistake. He simply said that he was paid 10 months in advance. He did not explain why they repoed it, nor what the lender’s (I now see who it was ) excuse was. Surely, he has spoken to the lender who ordered the repo done.

Unanswered questions.
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Old 05-04-2018, 03:45 PM   #39
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HD finance is who the demand letter needs to go to.

Don’t forget about diminshed value...I’ll be happy to write up the appraisal on that portion of the claim for you
If I was an attorney, I would send the demand letter to both the repot agent who damaged it AND the lender with whom he has a contract and who ordered the repo. But then, I’m not an attorney.
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Old 05-04-2018, 03:55 PM   #40
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If I was an attorney, I would send the demand letter to both the repot agent who damaged it AND the lender with whom he has a contract and who ordered the repo. But then, I’m not an attorney.
If I was an attorney, I'd make sure I had a copy of the loan agreement and a full understanding of what led to the mistaken repossession before I sent any demand letters.
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Old 05-04-2018, 03:57 PM   #41
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Every vehicle loan I've had if I pay extra it takes off the next payment. Pay double this month there's no balance due the next.
Same, I generally use the same 2 or 3 credit unions for my vehicles and I can choose principal only or just a payment... If I pay extra it still goes direct to principal it just pushes out the next due date as well.
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Old 05-04-2018, 04:25 PM   #42
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Quote:
Originally Posted by The Crippler View Post
Yeah, that's what I'm wondering...unless there was an agreement in place between OP and the lender that 10 months of payments (principal and interest) were considered paid, that 10 months of payments just went to principal and OP would be required to continue making monthly payments - no monthly payment = repossessed motorcycle. Not saying that's what happened, just wondering. Even if that is what happened, I'd be super mad that they didn't give me a heads up before taking the bike.
Ahhh the plot thickens! I bet some on TBH will get to the bottom of it before Monday morning.
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Old 05-04-2018, 04:38 PM   #43
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Quote:
Originally Posted by The Crippler View Post
If I was an attorney, I'd make sure I had a copy of the loan agreement and a full understanding of what led to the mistaken repossession before I sent any demand letters.
agreed, but the fact that it was returned (we assume without any payment on the part of the OP) speaks volumes.

The damage is done.

And if they aren't giving answers, a letter to the lender is a useful first step.
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Old 05-04-2018, 05:11 PM   #44
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Even if it was a legit repo, are they allowed to damage the vehicle?
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Old 05-04-2018, 05:26 PM   #45
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Quote:
Originally Posted by The Crippler View Post
If I was an attorney, I'd make sure I had a copy of the loan agreement and a full understanding of what led to the mistaken repossession before I sent any demand letters.
Exactly, Counselor! This is a classic thread without full explanation, then not to return and answer questions so a logical reply can be offered. Drive by posting.
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Old 05-04-2018, 05:31 PM   #46
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Quote:
Originally Posted by Atfulldraw View Post
agreed, but the fact that it was returned (we assume without any payment on the part of the OP) speaks volumes.

The damage is done.

And if they aren't giving answers, a letter to the lender is a useful first step.
Letter to the lender should be the required first step, more than just useful.
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Old 05-04-2018, 07:25 PM   #47
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Wampuscat? I see that you are private messaging. Can you come back on your thread and clear up the issues that were unclear?
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Old 05-04-2018, 07:27 PM   #48
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Quote:
Originally Posted by BowSlayer View Post
How did you pay 10 months ahead? Every time I ever paid extra it went toward principal and the next monthly payment wasn't affected. I guess you can specify whether you want your over-payment to go toward principal or future payments?
Account info shows next payment due Feb01, 2019. Min payment is $289, I pay $650-700 a month. Payment is required monthly and I pay $325-350 every 2 weeks. The overpayment goes towards the loan principle but also pushes out the due date.

Last edited by Wampuscat; 05-04-2018 at 07:44 PM.
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Old 05-04-2018, 07:30 PM   #49
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Wampuscat? I see that you are private messaging. Can you come back on your thread and clear up the issues that were unclear?
Harley finance said they didn’t put out a repo order. I have to wait till Monday on a new police “event report” that won’t be redacted. Then I’ll be able to see the actual license and VIN of the Harley they were supposed to pick up.
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Old 05-04-2018, 07:39 PM   #50
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Thats crazy, I would be livid. If they wont make it right, it would be real lawsuit time. I wouldnt go small claims, you will probably never see the money. Gotta find out who ordered it so you know who is responsible.
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